The hearing will be before Mr Justice Floyd, who ruled a £300million deal with NESV could go ahead.

After losing control of the club, Hicks claimed NESV’s takeover was an “epic swindle”.

In applying to discharge the suit, which currently runs indefinitely, Hicks and Gillett are not committing themselves to anything, but it shows they have not simply accepted the sale of Liverpool which saw them lose £140m.

“It is hoped that the hearing will enable the dispute between the various parties to be unravelled and the way forward to be determined,” said Keith Oliver, from solicitors Peters and Peters. “They [Hicks and Gillett] feel very wronged by the process and will consider their options.”

Meanwhile, Liverpool have confirmed Jamie Carragher will undergo surgery this Friday on the dislocated shoulder he sustained against Spurs and will be sidelined until February.

Manager Roy Hodgson and his squad fly out to Romania today for tomorrow’s Europa League tie against Steaua Bucharest, with Joe Cole likely to make his comeback.